Our trade union in Margao wants to go on strike, what legal procedure must we follow?

Detailed Legal Analysis

Your trade union in Margao must adhere to specific legal procedures under the Industrial Disputes Act, 1947 before going on strike.

Strikes in India are governed primarily by the Industrial Disputes Act, 1947 (ID Act). The following steps outline the legal procedure that your trade union must follow:

• Notice of Strike: A written notice must be served to the employer at least 14 days prior to the commencement of the strike. This is mandated under Section 22 of the ID Act.
• Content of the Notice: The notice should clearly specify:
  • The reason for the strike
  • The date and time the strike is intended to commence
• Consultation with Members: Ensure that the decision to strike has been democratically approved by the members of the trade union, as stipulated in the union's constitution.
• Strike Ballot: In some cases, it is advisable to conduct a ballot among the members to secure a majority in favor of the strike, although this is not a legal requirement.
• Failing to Resolve Disputes: Make sure that all attempts to resolve the dispute through negotiations or mediation have been exhausted before resorting to a strike. This aligns with the principles of good faith negotiations under Section 12 of the ID Act.
• Registration of Trade Union: Ensure that your trade union is registered under the Trade Unions Act, 1926, which provides legal recognition and protection to the union's activities.
• Prohibition of Certain Strikes: Be aware that strikes are prohibited during the pendency of proceedings before a tribunal or during the notice period of any strike, as per Section 23 of the ID Act.
• Legal Protection for Strikers: Understand that striking workers are protected from dismissal under Section 25 of the ID Act, provided all legal procedures have been followed.

Failure to comply with these requirements could render the strike illegal, leading to potential legal consequences for the union and its members. Therefore, it is crucial to meticulously follow the laid-down processes to ensure that the strike is conducted lawfully.